2002 Fiscal Year Final Research Report Summary
Investors Protection and their Self-Responsibility in the New Financial System
| Project/Area Number |
11620039
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | KYOTO UNIVERSITY |
|---|
Principal Investigator |
KAWAHAMA Noboru Kyoto University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (60204749)
|
|---|
| Project Period (FY) |
1999 – 2002
|
| Keywords | investors protection / behavioral law and economics / prudence regulation / network externalities / merchant banking / bank equity holdings |
|---|
| Research Abstract |
In this research, this author make it clear that investor protecitin regime require prudence regulation and reguralition against market abuse as well as broker-dealer regulations. Then the author deal with an analytical evaluation of the significance of the removal of anti-competitive regulation by Japan's Big Bang in the past years, and points out inadequacy of the current state of law in encouraging innovation on the one hand and consumer protection on the other. The author attempt to provide a theoretical picture regarding the effects of modern financial regulation on the competition policy in Japan. In particular, the author notes the issue of how to ensure both maintaining soundness of financial institutions and promoting competition. The author also provides a careful examination of selected issues in applying the Anti-Monopoly Act to the financial services area in Japan, focusing on the difficult issues of defining the relevant market in applying the Act when financial institutions are becoming more and more integrated into the conglomerate fashion, and dealing with network effects in competition law that have been brought in as a result of the advancement of information and communications technology.
|
